9th Circuit Affirms Judge Gatewood’s Decision in Sharrock v. U.S.

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Guam – The 9th Circuit Court of Appeals has upheld the summary judgement decision reached by Guam’s Chief District Court Judge Francis Tydingco-Gatewood in Sharrock v. the United States.

The case involves a traffic accident in which plaintiff Richard Sharrock was injured when the automobile in which he was traveling on Route 1 in Sumay collided with an automobile owned and driven by Quinten McCoy, an off-duty sailor “whose negligence was conceded.”

Sharrock and his wife, Christina brought suit against the United States arguing that McCoy was acting in the line-of-duty.

Judge Tydingco-Gatewood dismissed the suit granting summary judgment for the government, and the Sharrocks appealed.

READ the 9th Circuit’s Opinion HERE

The 9th Circuit concluded:

“We conclude that a service member en route to participation in a recreational activity, where participation is encouraged by the Navy but not required, is not acting in the line of duty.”